IP Update - September 2011 Issue 13
Wednesday, September 28, 2011
Foreword
In this edition of the IP Update we provide information regarding important changes to patent prosecution procedures and reforms in the Australian federal court system. We also discuss a number of important intellectual property cases that have been handed down over the last couple of months, including VIP Plastic Packaging Pty Ltd v BMW Plastics Pty Ltd, a case in which DCCL was involved.
In addition, we take a look at conferences and events that DCC has been involved with over the last few months, throughout Australia and internationally. We hope you enjoy the September edition of the IP Update, which continues to provide editorials on the latest cases to keep you abreast of Intellectual Property news in Australia.
In this Issue
Case studies
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Overturned on Appeal: Full Federal Court Protects Reputation in the Get-up of Bodum Coffee Plunger
Bodum v DKSH Australia Pty Limited [2011] FCAFC 98 -
Federal Court Finds Inevitable Result not Enough to Inherently Anticipate
Danisco A/S v Novozymes A/S (No 2) [2011] FCA 282 -
Adding a Computer will not Save Broad Method Claims
Network Solutions LLC [2011] APO 65 -
Right to Inventorship Forfeited by Prior Disclosure
Robert Dommett v Zebra Research Pty Ltd [2011] APO 53 -
Australian Patent Office Intervenes to Introduce New Ground During Opposition: Software Patent Found Invalid for lack of Manner of Manufacture
Myall Australia Pty Ltd and RPL Central Pty Ltd [2011] APO 48 -
Sanofi’s Psoriasis Patent Gives Apotex a Rash that it cannot Scratch! – Method of Treatment Claim Found Valid and Infringed
Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No. 3) [2011] FCA 846 -
Claim Construction and Internal Requirements of Australian Patent Specifications: Full Federal Court Reiterates Principles
Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83 -
VIP Plastic Packaging Wins Federal Court Patent Infringement Case Against B.M.W. Plastics Pty Ltd
VIP Plastic Packaging Pty Ltd v B.M.W. Plastics Pty Ltd [2011] FCA 660
Practice updates
- Patent Examination Integration for Australia and New Zealand on the Horizon
- Intellectual Property Laws Amendment (Raising The Bar) Bill 2011 Introduced into the Senate
- Patent Prosecution Highway - a Strategy for Securing Early Patent Grant in the US
- New Procedures Encourage Parties to Explore Early Dispute Resolution in Australian Federal Courts



